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(영문) 대구지방법원 상주지원 2015.01.13 2014고단93
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. A thief, around December 17, 2013, at a shopping mall operated by the victim D in C market at the time of permanent residence around December 17, 2013, the Defendant stolen, with seven glutinous rice acids in an aggregate amounting to KRW 42,00, the market value of the victim’s possession, which is covered by the display belt, and seven glutinous rice acids.

2. A special larceny: (a) on February 3, 2014, at the time of stay at around 22:08, the Defendant: (b) destroyed and damaged a lock divers attached to the lower end of the cafeteria iron sheet by using stones; (c) opened a storm door and intruded inside the restaurant into the cafeteria, and cut off the 9,000 won of the market value of the victim’s possession, which was located on the entrance.

3. On February 6, 2014, the Defendant: (a) around February 23:18, 2014, at night, was in a restaurant under paragraph (2) of the said Article to steal another’s property; (b) opened a cafeteria with a storm door, which was corrected by a bicycle chain, and intruded into a restaurant inside the cafeteria, but was discovered and attempted by the victim.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act selection of punishment, Articles 331 (1) and 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act;

1. From among concurrent crimes, the first-class crime for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment / [8-1, and June] in the mitigated area (8-1) for general property / [the scope of recommending punishment ] Article 2 of the Criminal Act / [the scope of recommending punishment ] the mitigated area (8-1, and 6 months) for mitigation (8-1, and 6 months) for general property / [the scope of recommending punishment ] Article 3 of the Criminal Act in cases where general property intrudes into places other than indoor residential spaces (the scope of recommending punishment / [the scope of general property] Article 2 of the thth (general larceny) for theft.

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